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I have recently found out my ex partner is moving abroad within a month to a foreign country with my 8 year old son. I do not have parental responsibility due to not being named on the birth certificate.
However I do have a very strong bond with my son who I see as privately agreed, every other weekend and holiday periods. I have always paid maitenance through CSA.
The mother has agreed to contact, albeit abroad, however my lack of say in any of this due to no PR is concerning me, as she is acting erraticaly. I do not nessecarily want to stop her, but I do feel I have the right in a say in where my son is brought up, as a law abiding and loving father I see no reason why I should not have PR.
From research I believe I have the right to make a PR order, aswell as potentially a PSO in the meantime until this is all settled.
He is going to miss almost 2 months of school over here, I feel that would be a strong case to at least delay their departure.
Any opinions on this would be great, am i right to want this legal right? She thinks I am trying to be controlling by asking for it, however I believe she needs to look in a mirror.
Ive contacted a solicitor waiting to hear back tomorrow.
Hi there
I think it's only right that you be a party to all discussions about your sons future, it's only reasonable that you want to know about what arrangements have been made for accommodation, schooling, contact with you and his broader family here in the U.K. and how she will support him abroad. These are all issues that the court will want detailed information on if you apply for a Prohibited Steps Order.
It's a very big deal, resettling abroad, and it's important that all his needs are catered for, she must be able to show that everything is in place to ensure that he has a good quality of life, that his educational needs are being properly met and he can continue to have contact with you, his father.
Without PR you can do little to stop her moving so it's sensible to apply for an urgent PSO (due to the very limited timeframe) and PR.
I'm sure the solicitor will outline the process, but if you have any questions please don't hesitate to ask, you do need to act quickly on this.
All the best
Thanks for the quick response.
Yes that is what I thought would be correct, a PSO and PR order.
I am so stressed it is unbelievable. I cant really afford a solicitor but dont qualify for legal aid and because of the time frame I need to get it right first time. Would 1-2k in fees be realistic in a case like this? Or more?
Unfortunately, it could be a lot more than that.
Do yourself a favour and go to the first hearing alone. You won't need a solicitor to get the initial PSO & PR, it will be the subsequent hearings that you are better saving money for.
It is easy enough to self-rep, but I understand that you might feel you need someone there to speak for you at future hearings.
You could try contacting Families Need Fathers for assistance or give Child Law Advice a call.
You could also consider using a McKenzie Friend to assist you to prepare for, or attend your hearings. It's a cheaper alternative but do your homework as the industry is not regulated.
Thanks for the replies Yoda. The paperworks in and ive been told of the hearing date over the phone.
Do i need to inform the respondent? Or is it up to the court?
Did you decide to do the first bit yourself or have you got a solicitor acting for you?
Usually the court will serve the papers on the other party, but if not they will send them to you with information about what to do.
Have you managed to get a hearing quickly?
It would help to prepare a brief position statement to take with you to the hearing, just a couple of pages outlining the situation, your concerns and what you would like the court to do.
All the best
I done it all myself in the end. PSO and CAO. Gonna save any money for solicitors later down the line if i get that far.
Yeah hearing late next week. Pretty quick turnaround right?
Brilliant thanks i will get a position statement drafted. I will have a lot of reading up to do this weekend to really get myself in a strong position. As i dont think this will be easy. If i can even just get PR and a formal agreement i will of won for myself and more importantly my child anyway.
Yeah I thought so, I want to play legally and fairly however no reason to give her advance notice if I am not required too. Shes aware i dont agree.
I'll link some further info/template about statements for you, if you would like one of us to read through your completed statement I'm sure that would be fine.
You'll be fine and we'll do our best to advise and support you along the way.
Here's some info on writing statements and a template
www.thecustodyminefield.com/flapp/positionstatements.html
www.thecustodyminefield.com/flapp/statement.html
media.wix.com/ugd/69743a_6f5457e9a07b43a...ith%20questions.docx
www.mfjc.co.uk/home/mfjccou1/public_ftp/...ldren-March-2013.pdf
www.familylawquestions.co.uk/page9/page12/page19/
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